Court asked to release Gen Kayihura

KAMPALA. A law student yesterday petitioned the High Court in Kampala, asking it to order various government security agencies that have held the former Inspector General of Police, Gen Kale Kayihura, for the last 35 days to appear in court and show cause why he should not be freed.

Mr Deusdedit Bwengye, a fourth-year student of Bishop Stuart University in Mbarara, in his habeas corpus application, sued the Chief of Defence Forces (CDF), the Commanding Officer-in-charge of Makindye Barracks, the Director of Public Prosecutions (DPP) and the Attorney General (AG).

He said he is lodging the application as a public interest applicant.
“Summons be issued and directed against the respondents to show why the subject (Gen Kayihura) should not be released forthwith,” reads in part the court documents.

“The respondents (CDF, in-charge of Makindye military barracks, DPP and AG), do produce the subject of this application (Gen Kayihura) before this court or the court martial,” the court documents add.
A habeas corpus application is made in court seeking orders to compel authorities to produce a suspect who is deemed to be unfairly detained.
The petitioner added that the former IGP has, to the prejudice of the public, surrendered his constitutionally guaranteed right to apply for a habeas corpus to determine the legality of his prolonged detention.

Mr Bwengye states that ever since the former IGP was picked from his upcountry farm in Kashagama, Lyantonde District, and airlifted to Kampala, he has never been formally charged with any offence or arraigned before any court. This omission, he says, is unconstitutional.

“Since his arrest on June 13 to date, he has never been charged with any offence in any court or court martial nor released by the military on any temporary terms to his grave detriment,” Mr Bwengye avers in his affidavit.
The army has since declined to reveal the actual charges for which Gen. Kayihura was arrested.

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